Driver insurance protects any driver of a motor vehicle and, in particular, when the driver is responsible for an accident. Driver’s insurance also covers the passengers of a vehicle against bodily injury and their after-effects.
Passengers of a vehicle are already covered for such damages under the law on low users. But an extension of coverage for bodily injury suffered by the driver that does not constitute an unnecessary luxury.
A variety of guarantees and formulas
There are a variety of formulas on the insurance market. Thus, we find different guarantees:
reimbursement of hospitalization and medical expenses
reimbursement of loss resulting from incapacity for work
payment of capital or annuity as a result of a disability
payment of capital following a death.
The capital may be agreed in advance on a lump sum basis or fixed according to the rules of common law.
There are also different formulas:
covers for motorcyclists and moped riders
the driver’s coverage of the designated vehicle
the policyholder’s cover as the driver of any vehicle
the coverage of the whole family as a driver and the broadest traffic contract under which coverage is granted in all situations that a road user may be confronted with.
Regarding this coverage, it is important to note the distinction that should be made between a contract providing for a right of subrogation for the insurer and a contract without this subrogation.
A contract containing a subrogation clause
This means that the insurer may, after the payment of its contractual services, return to the extent of its disbursements against a third party possibly responsible for the accident. As a result, the person responsible will take this expense into account if additional compensation is claimed in common law.
In other words, the victim will benefit with this contract compensation that will not exceed what may be claimed in common law to the responsible. A contract of this type will, therefore, be cheaper than a contract that does not include this clause. In these circumstances, the compensation in the execution of this contract must be considered as an advance until the possible discussions on the responsibilities are resolved.
A contract without subrogation clause
This contract means that the insurer can not turn against a third party possibly responsible for the accident. This has the consequence that the victim may, in addition to the compensation provided for under this contract, be fully compensated by the person responsible according to the rules of common law. These two indemnifications are therefore cumulative.